Checklist for Office Leases

There are several important issues to consider prior to leasing an office space. Some of these issues are the following: 1. Space: How big is the space? 2. Permissible Use: What can the tenant use the space for? Are there any limits? 3. Lease Terms: Commencement Dates, Rent Abatement, Rights to Terminate 4. Rental Amount:

THE ECONOMICS OF LEGAL PROCEEDINGS

             In deciding on the best course of action for navigating a lawsuit, oftentimes an overlooked aspect is the financial costs to maintain an action.  For example, suppose Company A breaches the clear terms of a contract with Company B, costing Company B to incur damages in the amount of

EVICTIONS IN A FORECLOSURE ACTION

An individual or entity may purchase a foreclosed premise where the original owner is still residing.  It is unlawful for the new owner to take matters into their own hands and forcibly remove them from the premises.  Instead, the new owner must commence legal proceedings to evict the former owner.  However, prior to doing so, the

You’ve been served: What happens after being served with a lawsuit?

WHAT HAPPENS AFTER SERVICE OF A SUMMONS AND COMPLAINT After a Summons and Complaint are filed and served on the Defendant, a Plaintiff is often times anxious to move the case along.  There are three possibilities that will occur after the Defendant receives the Summons and Complaint: (1) serve an Answer; (2) file a motion

Unlawful Evictions

Unlawful Evictions In order for a tenant to be lawfully evicted from a premises, strict procedures must be followed.  A landlord that takes self-help remedies and removes a tenant’s belongings and changes the locks may be liable for triple the damages suffered by the tenant as a result of the landlord’s unlawful eviction.  Accordingly, it

UNDERSTANDING THE EVICTION PROCESS

                It is not uncommon for a tenant to be told by a landlord that they must vacate their residence by a certain date.  When a tenant receives this news they may be anxious, believing that they will be evicted by the date threatened by the landlord.  However,

WHEN CAN YOU RECOVER LEGAL FEES IN A NEW YORK LAWSUIT?

              Since a plaintiff may hire an attorney do to someone else’s wrongdoing, or a defendant may hire an attorney based upon allegations with little veracity, a common question is whether the prevailing party is entitled to counsel fees from the other party.  New York follows the American Rule,

After You File a Lawsuit, When Do You Get To Tell It To A Judge?

        In New York State, the Supreme Court is the trial level court where litigants typically file actions to litigate matters requesting damages in excess of $25,000.00.  For matters seeking damages between $5,000.00 and $25,000.00, in Nassau County and Suffolk County, a litigant would file a claim in the District Court, and

How To Write a Rent Demand

In order for a written rent demand to be proper, it must contain specific information.  The written rent demand must set forth the following:      The written demand must state that the Tenant is required to pay the unpaid rent, or, alternatively return possession of the subject premises.      The demand must specify the period that rent

5 Reasons You Should Hire a Lawyer For Your Real Estate Closing

Purchasing a new home is one of the most significant financial endeavors that most people will take on during their lifetime. Further, there are many things that a purchaser must consider before purchasing a house. We recommend speaking with an attorney if you plan on:   Conducting an inspection of the physical condition of the